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The Army, like other services, has found itself struggling to reconcile environmental compliance requirements with the need for realistic training. In order for the Army to accomplish its primary mission of fighting and winning in armed conflict, soldiers, leaders, and units must receive proper training. Thus, at times, environmental regulations limit the Army's ability to conduct realistic training and adequate testing activities. This Note reviews the measures taken by the Department of Defense between 2000 and 2001 to analyze and report on the effects of “encroachment” on military testing and training. From the Department of Defense’s perspective, encroachment includes external influences, such as environmental laws and regulations, which threaten or constrain testing and training activities on ranges and facilities required for force readiness and weapons acquisition.

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GWU Law School Public Law Research Paper No. 2013-20; GWU Legal Studies Research Paper No. 2013-20

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